Massachusetts Criminal Appeals Attorney
Attorney William Driscoll offers criminal appellate services for those who have been convicted in Massachusetts state courts. His goal is to identify and pursue every viable prejudicial error; to retry those who were erroneously convicted under the law and to free those who were wrongly convicted.
MA Interlocutory Criminal Appeals
An interlocutory appeal challenges the outcome of a pretrial motion, for example, the granting or denial of a motion to suppress. Whichever side loses the motion in the trial court can appeal immediately, without waiting for the outcome of trial. The party that won the motion in the trial court must defend that decision in the appellate court.
MA Direct Criminal Appeals
A direct appeal is taken as a matter of right upon a criminal conviction in the trial court. That appeal can challenge any aspect of the case, for example, the police investigation, the outcome of pretrial rulings, all aspects of trial, and whether the trial counsel work was ineffective in a constitutional sense.
MA Criminal New Trial Motions
There are multiple uses for a motion for a new trial. For example, it is the method for supplementing the direct appeal record to support a claim of ineffective assistance of counsel. A new trial motion is also used to withdraw a guilty plea, often when the prior plea results in the loss of a right or privilege or increases the penalty on a subsequent conviction.
Other MA Post-Conviction Relief
Several forms of post-conviction relief exist to support a new trial motion. For example: DNA tests to prove innocence, evidence of perjury or juror misconduct, prosecutorial misconduct, post-verdict changes in the law, and ineffective assistance of prior counsel. If successful, the judge may grant the petition and order a new trial, modify the sentence, or order some other form of relief.
Federal Habeas Corpus Petitions
Federal habeas corpus relief permits review of the legality of an individual's state incarceration. Habeas corpus is an effective remedy at the federal level where detention may be in violation of federal law or a federal constitutional protection. It most often follows direct appeal and any available state collateral review.
U.S. Supreme Court Certiorari Petitions
The Supreme Court of the United States is our nation's court of last resort. A petition for certiorari (a/k/a "cert petition") is the vehicle for seeking U.S. Supreme Court review of a Massachusetts Supreme Judicial Court decision. The petition must allege a violation of federal law or a federal constitutional protection.
The consequences of a criminal conviction continue to impact the defendant and their family for years and decades into the future. There are many forms consequences besides incarceration. There is the forfeiture of rights and immigration status. There is the impact on public benefits such as housing and education. If a future crime is alleged then there is increased bail, pretrial detention, and sentencing at both the State and federal levels.
An appeal is not a new trial. But an appeal can result in vindication or a new trial. Above all, appellate-level work requires: meticulous attention to detail, honed legal research and analysis, persuasive legal writing, and effective oral argument skills. To learn more, call Attorney Driscoll at 978-846-5184.
Appellate success is dependent on a number of factors. Those factors in your control are meticulous legal research, sophisticated legal analysis, and the effective presentation of persuasive written and oral legal arguments. By choosing Attorney Driscoll you gain a proven appellate-level lawyer who personally handles every case. The right to appeal has a definite expiration date. Call Appellate Attorney William Driscoll (978-846-5184) before it is too late!